Author Archives: Eric Osterberg

Breaks for Trademark and Copyright Owners

The USPTO is allowing extensions for trademark owners affected by the Corona virus. The Copyright Office is basically closed for personal contact and mail, but moving along on all things electronic.

2020 Substantial Similarity Update

Last week my father and I finished the 17th annual update of Substantial Similarity in Copyright Law. As was the case last year, the 9th Circuit upset the apple cart near the end, this time issuing the en banc decision in the Led Zeppelin case just days before the update was due. We got it in there though, so […]

Entertainment and Tech in NYC

On Thursday, September 26, Eric Osterberg will be speaking on a panel with Arthur Levy, Judith Finell and Robert Clarida about music copyright infringement cases at the Music Business Association’s Entertainment and Technology Law Conference in New York City. 

Busy Few Months

It’s been a busy few months writing and speaking. We finished the update to Substantial Similarity in Copyright Law in May, updated the Practical Law Substantial Similarity piece in June and taught AIMP Summer School in July. Thank you to all the clients who assigned work that was equally interesting and challenging this spring and […]

2018 Substantial Similarity Update Available

The 2018 annual supplement to our treatise Substantial Similarity in Copyright Law is now available from PLI.

Practical Law Update Completed

Eric Osterberg’s article Copyright Infringement: Analyzing Substantial Similarity in Westlaw’s Practical Law has recently been updated.

In-House Patent Lawyers Can Design Around Patents They Wrote For Their Former Employer

In house lawyers, even patent lawyers, can jump to a competitor, as long as they don’t violate duties owed to their former employer/client. Furthermore, patent lawyers are free to conduct for their new employer infringement analyses of patents they wrote for their former employer. That is the holding in a 2016 Massachusetts case, Gillette Co. […]

SaaS Providers – What Exactly Is Your Business?

Is a SaaS provider’s business making software, or performing the service the software automates? If you are a SaaS provider (or a lawyer who represents SaaS providers and licensees) you will likely answer: both. It’s Software as a Service, dummy. Not so fast, at least not in the trademark world. Recent events involving the SaaS […]

Arbitration: Everything You Promised, Nothing You Didn’t

If you agree to arbitrate with a particular arbitrator, but that arbitrator won’t serve, you go to court. That is the teaching of a recent case out of the Second Circuit, Moss v. First Premier Bank. In Deborah Moss’ online contract with her payday lender she agreed to arbitrate any dispute using NAF as the […]

Spirit v. Led Zeppelin, Taurus v. Stairway To Heaven

The copyright infringement lawsuit accusing Led Zeppelin of plagiarizing the song Taurus in the iconic Stairway to Heaven just got really interesting because the judge denied (in part, but in the most important part) defendants’ motion for summary judgment, and whether the songs are “substantially similar” seems like it may be a close call. If […]